Legal Question in Legal Ethics in New York
I just received my trademark, Harlem Royal Tea TM. I'm starting out selling organic teas on line but one I see myself opening brick and mortar store some day. Can I stop someone from using that my name?
1 Answer from Attorneys
Generally speaking, with proper legal action you can preclude someone from using a registered mark in the same class of goods / services, though a number of exceptions exist such as prior use of the mark by the "offender" or cross class confusion in the marketplace etc. However, in casually looking at your filing it is not quite clear if the registered mark protects you from a competitor that may want to market tea.
Feel free to contact me directly if you have further questions.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
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